Australian Soldier Accused of War Crime in Afghanistan Pleads Not Guilty

SadaNews - The only Australian soldier accused of committing a war crime in Afghanistan pleaded not guilty yesterday, Friday, but the attorney general stated that it is unlikely he will stand trial before 2027.

Oliver Schultz, 44, is accused of shooting Afghan citizen Dad Mohammad three times in the head in a wheat field in Urozgan province in May 2012. Schultz appeared for the first time before the Supreme Court of New South Wales in Sydney on Friday, pleading not guilty to the war crime charge related to murder, according to a report from the "Associated Press" on Friday.

Typically, a trial date would be set based on his court appearance; however, national security concerns have prevented prosecutors and defense lawyers from accessing much of the evidence against the former elite soldier of the Special Air Service Regiment.

Attorney General Shaun Floud told Judge Peter Hamill: "There is no realistic prospect of starting the trial in 2026." Schultz's lawyer, Philip Bolton, agreed, stating: "I understand the importance of setting a trial date in a typical case. But this is not a typical case."

Schultz is scheduled to appear in court again on December 12, and by that time, it is expected that the Department of Defense will have informed the trial attorneys about the information that will be withheld for national security reasons.

An Australian military report released in 2020 recommended that 19 current and former soldiers face criminal investigations regarding 39 illegal killings in Afghanistan. Charges were brought against Schultz in March 2023.

A civil Australian court had concluded that the country's most decorated soldier, Ben Roberts-Smith, likely killed four unarmed Afghans who were in the control of Australian soldiers between 2009 and 2012.

The court dismissed Roberts-Smith's lawsuit claiming he was defamed by media outlets that accused him of committing war crimes. However, Roberts-Smith has not been criminally charged with any offenses, which would have to be proven according to the higher legal standard of beyond a reasonable doubt.

The only Australian veteran who has been convicted of war crime-related charges in Afghanistan and has reported misconduct is David McBride.

Last year, the former army lawyer was sentenced to five years and eight months in prison after pleading guilty to charges related to leaking allegations of war crimes to the media.

The confidential documents provided by McBride became the source for a series of reports by the Australian Broadcasting Corporation in 2017 called the "Afghanistan Files." The reports detailed allegations against Australian soldiers, including the illegal killings of men and children.